Mitchell could still face action from commission

Posted: Wednesday, August 16, 2000

AUSTIN - A former Potter County justice of the peace could still face disciplinary action for allegedly sexually harassing a 15-year-old girl in his court in March.

Marvin Mitchell pleaded no contest in May to a charge of official oppression. Mitchell, who resigned his post in Precinct 4 last week, had been suspended from the bench pending a decision by the state's Commission on Judicial Conduct.

Despite his decision to step down, the commission still has jurisdiction to reprimand Mitchell for his actions while on the bench.

"The commission has the authority to advise the public and other judges that his action is not condoned," said Margaret Reaves, the group's executive director.

The commission's ruling could come soon, she said, but she couldn't elaborate on a timetable.

The agency is responsible for investigating allegations of judicial misconduct, incapacity and discipline. It may issue a private or public admonition, warning or reprimand, but it cannot remove a judge.

The conduct commission can start the process of removing a judge by recommending it to the Supreme Court of Texas.

Upon such a recommendation, the court could appoint a Review Tribunal of seven judges to hear the matter. That group then has jurisdiction over the case.

They may dismiss the case, hear it, remove the judge from office or prohibit him from holding another judicial office in Texas.